... economy, water supply and the like, to take photos and videos in my private household (in this case, a privatized apartment)? I was not asked for verbal or written permission, and I learned about the very fact that the meter was being recorded on a mobile phone only a day later. On the fact of this video recording of the meter, an act was drawn up, which I did not sign. Now they plan to charge a fine for the so-called "left inset", which they did not find (because it does not exist!). How to prove the absence of such a mythical inset? Was this video recording legal and can it serve as any kind of evidence? Will it be possible to challenge this fine in court?
Do utility workers, such as gas ... have the right?
solvedAnswers
Yaroslav Sikorsky
Article 307 of the Civil Code of Ukraine stipulates that a natural person may be filmed on a photo, film, television or video tape only with his consent (with some exceptions).
Without consent, it is possible to conduct photo and video recording of official, official or public persons of state authorities and local self-government bodies in the performance of their official duties.
In some cases, a person's consent to filming is assumed, that is, a natural person is considered to have consented to filming, until he expresses his objection to it.
According to Part 2 of Article 13 of the Law of Ukraine "On the Natural Gas Market", the consumer is obliged, in particular: to enter into a contract for the supply of natural gas; ensure timely and full payment of the cost of natural gas in accordance with the terms of the contracts; prevent unauthorized extraction of natural gas; ensure unimpeded access of authorized representatives of the gas transmission system operator, gas distribution system operator to natural gas metering nodes and for the purpose of establishing gas metering nodes; stop (limit) the consumption of natural gas in accordance with the requirements of the law and the terms of the contracts.
Therefore, in order to record the offense, the employees of communal services had the right to conduct photo/video recording of the relevant gas facilities.
To establish the presence of an unauthorized gas pipeline and unauthorized extraction of natural gas in accordance with Clause 1, Chapter 2, Chapter XI of the Code of Gas Distribution Systems, it is sufficient to establish the fact of an arbitrarily connected gas pipeline (gas outlet, fitting, pipe), including without existing connected gas equipment, physically connected, in particular welded, cut-in, with the gas distribution system or gas network of internal gas supply, consumption (consumption) of natural gas through which is not accounted for by a commercial gas metering unit (meter).
According to the general rule, civil liability arises in the presence of the following conditions (grounds): illegality; damage; fault; causation.
Illegal is behavior that violates the rule of law or the terms of the contract concluded between the counterparties. Not only actions, but also inaction can be illegal.
Causal connection is an objectively existing connection between the debtor's illegal behavior and the unfavorable consequences that have occurred.
Guilt is a person's mental attitude towards his misconduct and its consequences. Depending on whether the offender wanted the occurrence of illegal consequences, the issue of dividing guilt into two forms is decided: intentional or careless.
In order to hold you accountable, the relevant utility services will file a lawsuit in court. In order for the court to collect money from you, the communal service will need to provide evidence that will confirm the illegality of your actions, damage, guilt and causality. You, in turn, must submit to the court evidence that denies the justification of the above statement of claim.
24.06.2023 12:03